nonimmigrant visa vs tourist visa

Tourist Visa vs. Visitor Visa

What's the difference.

A tourist visa and a visitor visa are both types of visas that allow individuals to travel to a foreign country for a temporary period. However, there are some key differences between the two. A tourist visa is typically issued for the purpose of leisure travel, such as sightseeing, visiting friends or family, or engaging in recreational activities. On the other hand, a visitor visa is a broader category that encompasses various purposes, including tourism, business meetings, attending conferences, or receiving medical treatment. Additionally, tourist visas often have shorter validity periods and may restrict the duration of stay, while visitor visas can have longer validity periods and allow for extended stays. The specific requirements and application processes for these visas may vary depending on the country and its immigration policies.

Further Detail

Introduction.

When planning a trip abroad, it is essential to understand the different types of visas available. Two common visa options for travelers are the Tourist Visa and the Visitor Visa. While both visas allow individuals to enter a foreign country for a temporary period, they have distinct attributes that cater to specific travel purposes. In this article, we will explore the similarities and differences between these two visa types, helping you make an informed decision for your next international adventure.

Tourist Visa

A Tourist Visa is designed for individuals who plan to visit a foreign country for leisure, recreation, or tourism purposes. It allows travelers to explore the country's attractions, engage in sightseeing, and experience the local culture. Tourist Visas typically have a limited validity period, ranging from a few weeks to several months, depending on the destination country's regulations.

One of the key features of a Tourist Visa is that it prohibits individuals from engaging in any form of paid work or business activities during their stay. The primary intention is to ensure that tourists do not take away employment opportunities from the local population. However, travelers are usually allowed to participate in volunteer work or attend short-term educational courses that do not lead to formal qualifications.

Obtaining a Tourist Visa often requires providing proof of sufficient funds to cover the travel expenses, such as accommodation, transportation, and daily expenses. Additionally, applicants may need to demonstrate a return ticket or onward travel plans to prove their intention to leave the country before the visa expires. Some countries may also require travelers to have travel insurance to cover any potential medical expenses during their stay.

It is important to note that Tourist Visas do not grant individuals the right to reside or work in the foreign country for an extended period. If someone wishes to stay longer or engage in business activities, they may need to explore other visa options, such as a Business Visa or a Work Visa.

Visitor Visa

A Visitor Visa, also known as a Temporary Resident Visa or a Non-Immigrant Visa, is a broader category that encompasses various travel purposes, including tourism, business, medical treatment, or visiting family and friends. Unlike a Tourist Visa, a Visitor Visa allows individuals to engage in a wider range of activities during their stay, depending on the specific visa subclass and the regulations of the destination country.

Visitor Visas often have longer validity periods compared to Tourist Visas, allowing individuals to stay for several months or even years. This flexibility is particularly beneficial for individuals who plan to visit family members, pursue long-term medical treatments, or engage in business activities that require an extended presence in the foreign country.

Similar to Tourist Visas, Visitor Visas may require applicants to provide proof of sufficient funds to cover their stay, return or onward travel plans, and travel insurance. However, depending on the purpose of the visit, additional documentation may be necessary. For example, individuals applying for a Business Visitor Visa may need to provide an invitation letter from a business partner or a conference registration confirmation.

It is important to note that some countries have specific Visitor Visa subclasses tailored to different purposes. For instance, a Medical Treatment Visa may be required for individuals seeking specialized medical care abroad, while a Business Visitor Visa may be necessary for attending conferences, meetings, or exploring business opportunities. Therefore, it is crucial to understand the specific requirements and restrictions associated with the intended purpose of the visit.

While both Tourist Visas and Visitor Visas serve the purpose of temporary travel, there are several key differences between the two:

1. Permitted Activities

A Tourist Visa generally restricts individuals from engaging in any form of paid work or business activities. On the other hand, a Visitor Visa allows individuals to participate in a wider range of activities, such as attending business meetings, conferences, or seeking medical treatment. The specific activities permitted may vary depending on the purpose of the visit and the regulations of the destination country.

2. Validity Period

Tourist Visas typically have shorter validity periods compared to Visitor Visas. They are often issued for a specific duration, such as 30 days or 90 days, depending on the country's regulations. In contrast, Visitor Visas may have longer validity periods, ranging from several months to several years, allowing individuals to stay for an extended period based on their travel purpose.

3. Documentation Requirements

Both Tourist Visas and Visitor Visas require applicants to provide certain documentation to support their visa application. However, the specific requirements may vary. Tourist Visas usually require proof of sufficient funds, return or onward travel plans, and travel insurance. Visitor Visas may have additional requirements based on the purpose of the visit, such as invitation letters, conference registrations, or medical treatment documentation.

4. Travel Intent

The primary intention behind a Tourist Visa is leisure, recreation, and tourism. It is meant for individuals who plan to explore the country's attractions and experience the local culture. On the other hand, a Visitor Visa caters to a broader range of travel purposes, including business, medical treatment, or visiting family and friends. The travel intent plays a crucial role in determining the appropriate visa type for a specific trip.

5. Long-Term Stay

If someone intends to stay in a foreign country for an extended period, a Visitor Visa is usually the more suitable option. While Tourist Visas have limited validity periods, Visitor Visas may allow individuals to stay for several months or even years, depending on the specific visa subclass and the regulations of the destination country.

Choosing between a Tourist Visa and a Visitor Visa depends on the purpose of your travel and the activities you plan to engage in during your stay. If your primary intention is leisure, recreation, and tourism, a Tourist Visa would be the appropriate choice. However, if you require more flexibility to engage in business activities, seek medical treatment, or visit family and friends, a Visitor Visa would be more suitable.

It is crucial to thoroughly research the visa requirements and regulations of the destination country to ensure a smooth and hassle-free travel experience. Consulting with the respective embassy or consulate can provide you with accurate and up-to-date information regarding the specific visa types, documentation requirements, and permitted activities. By understanding the attributes of Tourist Visas and Visitor Visas, you can make an informed decision and embark on your international adventure with confidence.

Comparisons may contain inaccurate information about people, places, or facts. Please report any issues.

An official website of the United States government

Here’s how you know

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS A lock ( Lock Locked padlock icon ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Nonimmigrant and tourist visas

Find out how to work in the U.S. or visit as a student or tourist. Learn how to renew your visa and what to do if your visa is lost.

How to apply for or renew a U.S. tourist visa

If you visit the U.S. for tourism or business, you may need a visitor visa, also known as a tourist visa. Learn how to get and renew this type of nonimmigrant visa.

How to check the status of your visa application

Find out how to check the status of your visa application online. And to avoid delays, learn how to update your address if you move while waiting for your visa to be approved.

What happens if your visa application is rejected

Find out what to do if your visa is denied, and learn if you are eligible for a waiver of grounds of inadmissibility.

Foreign visitors: what to do if your visa or passport is lost or stolen

If you are in the U.S. and your visa or passport was lost or stolen, learn how to report it and apply for a new one.

Get a student visa to study in the U.S.

To study in the U.S. as an international student, you must get a student visa. Learn about the types of student visas, how to apply, and if you can work while you study.

Nonimmigrant work visas

Learn about the different nonimmigrant temporary work visa categories and how to apply.

An official website of the United States government

Here’s how you know

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS A lock ( Lock A locked padlock ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

• For International Visitors
• Visa Waiver Program

Requirements for Immigrant and Nonimmigrant Visas

There are two categories of U.S. visas: immigrant and nonimmigrant. Immigrant visas are issued to foreign nationals who intend to live permanently in the United States. Nonimmigrant visas are for foreign nationals wishing to enter the United States on a temporary basis - for tourism, medical treatment, business, temporary work, study, or other similar reasons.

Immigrant Visa

An immigrant visa is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS). Certain applicants such as workers with extraordinary ability, investors, and certain special immigrants can petition on their own behalf. The application is later forwarded to the appropriate U.S. Consulate or Embassy overseas for continued processing and issuance of the immigrant visa to the intending immigrant, if eligible. An intending immigrant must present the immigrant visa at a U.S. port-of-entry prior to the expiration of the immigrant visa. An intending immigrant becomes a lawful permanent resident once the immigrant visa and accompanying paperwork is reviewed and endorsed by a CBP Officer. For specific information regarding immigrant visa classifications and requirements, refer to the USCIS website or the Department of State website.

Non-Immigrant Visa

Nonimmigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law, and related to the purpose of the travel. Generally, an individual applies directly to the U.S. consulate or embassy abroad for a tourist (B-2) or business nonimmigrant (B-1) visa. However, foreign nationals seeking to enter the United States to study or work may require certain authorization and documentation prior to applying for a nonimmigrant visa. For an alphabetical listing all of the nonimmigrant visa classifications and specific requirements refer to the USCIS website. or the U.S. Department of State website.

Issuance of a visa does not guarantee entry to the United States. A visa simply indicates that a U.S. consular officer at an American embassy or consulate has reviewed the application and that officer has determined that the individual is eligible to enter the country for a specific purpose. The CBP Officer at the port-of-entry will conduct an inspection to determine if the individual is eligible for admission under U.S. immigration law.

Visa Free Travel

U.S. policy permits citizens of certain countries as identified below to travel to the United States without a visa. The Visa Waiver Program (VWP) permits nationals from designated countries to apply for admission to the United States for 90 days or less as nonimmigrant visitors for business or pleasure without first obtaining a U.S. nonimmigrant visa.

At the time of application for admission, a VWP applicant must:

Be in possession of a round-trip ticket that will transport the individual out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an ; except that the round trip ticket may transport the traveler to contiguous territory or an , if the traveler is a resident of the country of destination or if arriving at a land border, provide evidence of financial solvency and a domicile abroad to which the traveler intends to return;

• Be arriving on designated carrier that is signatory to a Visa Waiver Program Agreement, if applicable;
• Have a machine-readable passport valid for 6 months beyond the period of intended stay, or essentially 9 months (90 days + 6 months). The Department of State's 6-month list extending the validity of certain foreign passports can be found on the Department of State website. (A traveler with an expired passport is ineligible for VWP admission); and,
• Complete an Arrival/Departure Form I-94W. Travelers arriving at a land border will be required to pay the required Form I-94W processing fee.

In addition, VWP visitors may not file an application to change status to an immigrant or another nonimmigrant classification or extend their stay beyond the 90-day timeframe. VWP applicants waive their right to proceedings before an Immigration Judge, unless they make an asylum application.

Visa Waiver Program Frequently Asked Questions

For additional information about the Visa Waiver Program , refer to the Department of State website.

• Adjustment of Status
• E-2      Treaty Investors
• E-3      Australian Speciality Workers
• Green Cards
• H-1B    Specialty Workers
• H-1B1  Chileans and Singaporeans
• H-3     Trainees
• International Entrepreneur Parole
• K-1       Fiance or Fiancee
• L-1       Intra-company Transfers
• Marriage to a U.S. Citizen
• O-1      Extraordinary Ability
• P-1       Athletes or Entertainers
• P-3      Artists or Entertainers
• TN (Canada)     NAFTA Professional
• TN (Mexico)     NAFTA Professional

Immigrant Visas Vs. Nonimmigrant Visas

Introduction.

Most foreign nationals require a visa to the enter the U.S. It is the purpose of your intended visit to the US that determines what visa options are available to you.

The visa indicates that your application has been reviewed by a US consular officer at an American embassy or consulate, and that the consular officer has determined that you are eligible for the visa classification for the specific purpose you sought.

Note: While the visa allows you to travel to the United States, it only gets you as far as the port of entry (airport or land border crossing). The Customs & Border Protection officer at the port of entry must determine whether to admit you, in what classification to admit you and how long you can stay .

There are two main categories of visas: immigrant visas and nonimmigrant visas .

Purpose of Visit – How does it determine the best visa category for me?

Nonimmigrant visas are issued to those who intend to enter the U.S. for a temporary purpose. There are more than 30 types of visas available within the nonimmigrant classification, covering a broad variety of reasons why someone may come to the U.S. for a short time. These reasons run the gamut from tourism to business to employment in the U.S.

Immigrant visas are granted to those who intend to live and work permanently in the U.S. and are generally on a path to US citizenship.

In this article we look at the immigrant and nonimmigrant visa categories in more detail.

Immigrant Visas:

Immigrant visas are for people who want to move to the U.S. permanently.  Those who are granted an immigrant visa come to the U.S. and become Lawful Permanent Residents or “green card holders” and are put on a path to US citizenship. Most immigrant visa applicants fall into one of three main categories- family sponsored, employment sponsored or special immigrants. Almost all immigrant visa applicants, except Diversity Visa Lottery winners, must be a direct beneficiary or derivative beneficiary of an immigrant petition.

DID YOU KNOW? Immigrant visas are subject to  numerical limitations . That means that each of the immigrant visa categories has a certain number of allotted visas. Once the quota is filled, a “waiting list” is created that may delay your arrival into the U.S.

Immigrant visa categories:

Immediate Relative And Family Sponsored

1. Immediate Relatives

a. Spouse of a US citizen

b. Parents of a US citizen

c. Child of a US citizen (unmarried and under the age of 21)

d. Unmarried adult son or daughter of a US citizen (over the age of 21)

e. Spouse and children of a Lawful Permanent Resident of the US

f. Married son or daughter of a US citizen

g. Brother or sister of a US citizen

Employer Sponsored

• Aliens of extraordinary ability, outstanding professors and researchers, and multinational executives and managers
• Professionals holding advanced degrees and persons of exceptional ability
• Skilled workers and professionals, and other workers
• Alien entrepreneurs investing $1 million (or $500,000) in the U.S.

Special Immigrants (includes)

• Employment: Iraqi or Afghan Translators/Interpreters
• Employment: Iraqis – Worked for/on behalf of US Government
• Employment: Religious Workers
• Employment: Physician National Interest Waiver
• Non-employment: Juvenile Court Dependents

Diversity Visa Program

Visas provided are drawn from countries with low rates of immigration to the US. Unlike other types of immigrant visas, Diversity Visas (DV) do not require a US sponsor, and therefore a petition is not needed.

Act Now - free spots fill up fast!

Nonimmigrant Visas:

Nonimmigrant visas are for people with a permanent residence outside the US who wish to come to the US on a temporary basis. US law requires that people who apply for most nonimmigrant visas provide evidence that they do not intend to immigrate to the United States.  There are, however, several categories of nonimmigrant visas that do allow the nonimmigrant visa applicant to have dual-intent, i.e., s/he has the intent to come to come to the U.S. on a temporary basis while also having the intent to immigrant permanently.

As mentioned above, there are over 20 nonimmigrant visa categories. Some of them are:

• A (Diplomatic and Other Government Officials, Immediate Family members, and Employees).
• B-1 and  B-2  (Visitors for Business or Pleasure)
• C (Aliens in Transit)
• D (Crewmen)
• E-1 ,   E-2  (Treaty Traders and Investors) or E-3 (Australian Specialty Occupation Workers)
• F (Academic Students and dependents)
• G (Foreign Government Officials and Certain Immediate Family members)
• H-1B ,  H-1B1 , H-2A ,  H-2B  or  H-3  (Temporary Workers)
• J-1 (but only Exchange Visitors subject to the two-year foreign residence requirement, with certain exceptions)
• K-1  or  K-2  (Fiancé(e) or Dependent of Fiancé(e))
• K-3  and  K-4  (Spouse of U.S. Citizen and Minor Child Accompanying/Following to Join)
• L-1 (Intra-company Transferees)
• M-1  (Vocational student changing to  F-1  or H-1B if the M training helped him or her qualify for the H classification)
• NATO (NATO Representatives, Officials, Employees, and Immediate Family members)
• O-1  or  O-2  (Aliens with Extraordinary Ability)
• P-1 ,  P-2 , or  P-3  (Athletes and Entertainers and their essential support personnel)
• Q-1 (International Cultural Exchange)
• R-1  (Religious Workers)
• S (Witness or Informant)
• TN  (NAFTA Professionals)

An Applicant for a nonimmigrant visa category must be able to prove eligibility in that visa category. Some visa categories (e.g. H-1, L-1, O/P, etc.) require prior approval of the proper petition or application from U.S. Citizenship & Immigration Services. Other visa categories (F, M, J, diplomatic visas) require very specific forms of documentation/forms to prove their eligibility for that specific visa category. Ultimately, the consular officer makes the final decision on whether to issue the appropriate visa after assessing eligibility and admissibility. Prior approval from the relevant authorities does not guarantee issuance of the visa.

My Case Scenario Julianne

Julianne, a national of Armenia, wants to come to the US to visit her cousin in Boston. She would like to come to the US permanently but is in university and wants to finish her degree before trying immigrate. She has an appointment with the consulate next week and thinks she has all the documentation she needs to get a visitor visa. Will she be denied a visitor visa because she wants to eventually immigrate to the US?

A desire to immigrate by itself is not a sufficient reason to deny a visa. Julianne must show that she at this point in time she has a residence in Armenia that she will return to, and that she has compelling reasons to return (i.e., family, university, property). Since she has not taken any affirmative steps to seek an immigrant visa her future desire should not be enough to keep her from getting a visitor visa now.

The Immigration and Nationality Act (INA) and its numerous amendments are the basis for most immigration laws in effect today.

Though both the immigrant and nonimmigrant visa categories have their own pros and cons, individuals need to decide the category most suitable for them based on the immediate purpose of the travel to the US and other qualifying factors.

If you have questions about immigrant or nonimmigrant visa or which visa is right for you, please Consult a VisaPro immigration Attorney . We will be happy to guide you through the process.

What VisaPro Customers Are Saying

[VisaPro legal team] was incredibly knowledgable and extremely helpful throughout the process. We were exceptionally impressed with how they have combined the great personal and communication skills they bring and also technology with a highly intuitive website which guides you and keeps you updated throughout the process……..This is a true testimonial, I would highly recommend VisaPro to anyone looking for guidance and success in this area."

Get a Free Visa Assessment

Related Articles

H1B Cap 2025 Filing Timeline

H1B Visa Lottery 2024: Improving Your Odds Of Success

H1B Cap 2025 Filing Secrets: Why You Should Plan Now?

5 Common H1B Cap 2025 Filing Mistakes – How to Avoid T…

• Family Visas
• Startup Visas
• 1-202-787-1944
• cs (at) visapro.com

• About VisaPro
• Immigration Lawyers
• Success Stories

GET IMMIGRATION TIPS & NEWS

• Free Visa Assessment
• Immigration Consultation
• Legal Representation
• L-1 Blanket
• L-1 Full Service
• TN (Canada)
• TN (Mexico)
• More Work Visas
• L-1 New Office
• E-1 Full Service
• E-2 Full Service
• Entrepreneur Visa Full Service
• Startup Full Service
• EB-1 Green Card
• EB-2 Green Card
• EB-2 National Interest Waiver
• EB-3 Green Card
• I-140 Petition
• Labor Certification
• Spouse and Children of US Citizen
• Unmarried Son or Daughter of USC
• Married Son or Daughter of USC
• Parent of US Citizen
• Brother or Sister of US Citizen
• Spouse and Children of PR
• Unmarried Son or Daughter of PR
• I-130 Petition
• Removal of Conditions
• Advance Parole
• Immigrant Visa Process
• Employment Authorization
• Reentry Permit
• More Green Cards
• K-1 Fiancée Visa
• K-3 Spouse Visa
• E-1 Dependent Visa
• E-2 Dependent Visa
• E-3 Dependent Visa
• TD (Canada)
• TD (Mexico)
• More Family Visas
• Naturalization
• Citizenship Certificate
• Foreign Born Child
• Change of Status
• Extension of Stay
• I-9 Reviews
• Consular – NI
• More US Visas
• Online Visa Advisor
• Fillable USCIS Forms
• Check Visa Status
• Immigration Articles
• Immigration Dictionary
• Ebooks, Videos and PPT
• Immigration Blog
• Processing Times
• How VisaPro Works
• Practice Areas
• FREE! Register Now
• Testimonials

• Remember me Not recommended on shared computers

Forgot your password?

Or sign in with one of these services

• US Immigration & Visa Guides

US Visitor Visa Guide: Business, Pleasure, Tourist, Medical Treatment

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).

Here are some examples of activities permitted with a visitor visa:

Business (B-1):

• Consult with business associates
• Attend a scientific, educational, professional, or business convention or conference
• Settle an estate
• Negotiate a contract

Business (B-2):

• Vacation (holiday)
• Visit with friends or relatives
• Medical treatment
• Participation in social events hosted by fraternal, social, or service organizations
• Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
• Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

Travel Purposes Not Allowed on Visitor Visas:

• Paid performances, or any professional performance before a paying audience
• Arrival as a crewmember on a ship or aircraft
• Work as foreign press, in radio, film, print journalism, or other information media
• Permanent residence in the United States

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U.S. Embassy or Consulate. Please consult the instructions on the  U.S. Embassy or Consulate website .

Complete the Online Visa Application

• Online Nonimmigrant Visa Application,   Form DS-160   –   Learn more   about completing the   DS-160 . You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
• Photo   – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the   Photograph Requirements .

Schedule an Interview

Interviews are generally required for visa applicants with certain limited exceptions below. Consular officers may require an interview of any visa applicant.

You should schedule an appointment for your visa interview at the  U.S. Embassy or Consulate  in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live. 

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply: 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html

Prepare for Your Interview

• Fees - Pay the non-refundable visa application fee , if you are required to pay it before your interview. If your visa is approved, you may also need to pay a visa issuance fee, if applicable to your nationality. Fee information is provided here:  https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html
• Review the instructions available on the website of the  U.S. Embassy or Consulate  where you will apply to learn more about fee payment.

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

• Passport   valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by   country-specific agreements ). Each individual who needs a visa must submit a separate application, including any family members listed in your passport.
• Nonimmigrant Visa Application,   Form DS-160   confirmation page.
• Application fee payment receipt,   if you are required to pay before your interview.
• Photo   – You will upload your photo while completing the online Form DS-160. If the   photo upload fails,   you must bring one printed photo in the format explained in the   Photograph Requirements .

Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the   U.S. Embassy or Consulate   where you will apply. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of:

• The purpose of your trip,
• Your intent to depart the United States after your trip, and/or
• Your ability to pay all costs of the trip.   

Evidence of your employment and/or your family ties may be sufficient to show the purpose of your trip and your intent to return to your home country. If you cannot cover all the costs for your trip, you may show evidence that another person will cover some or all costs for your trip.

Note:  Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.

Attend Your Visa Interview

A consular officer will interview you to determine whether you are qualified to receive a visitor visa. You must establish that you meet the requirements under U.S. law to receive a visa.   Ink-free, digital fingerprint scans are taken as part of the application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, the consular officer may determine that your application requires further  administrative processing .  The consular officer will inform you if this required.

After the visa is approved, you may need to pay a visa issuance fee (if applicable to your nationality), and make arrangements for the return of the passport and visa to you.  Review the  visa processing times  to learn more.

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the   CBP website .

Extending Your Stay

See  Extend Your Stay  on the U.S. Citizenship and Immigration Services (USCIS) website to learn about requesting to extend your stay beyond the date indicated on your admission stamp or paper Form I-94. 

Failure to depart the United States on time will result in being  out of status . Under U.S. law, visas of individuals who are out of status are automatically voided ( Section 222(g) of the Immigration and Nationality Act ).  Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States. 

Failure to depart the United States on time may also result in you being ineligible for visas in the future. Review  Visa Denials  and  Ineligibilities and Waivers: Laws  to learn more.

Change of Status

If your plans change while in the United States (for example, you marry a U.S. citizen or receive an offer of employment), you may be able to request a change in your nonimmigrant status to another category through U.S. Citizenship and Immigration Services (USCIS). See  Change My Nonimmigrant Status  on the USCIS website to learn more.

While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa.  However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.

Additional Information

• An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States.
• There is no guarantee you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
• A valid U.S. visa in an expired passport is still valid. Unless canceled or revoked, a visa is valid until its expiration date. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States. 

Edited November 24, 2019 by Captain Ewok

NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.

• visitor visa
• tourist visa
• Hastevenus and chukwuebuka

User Feedback

Recommended comments.

There are no comments to display.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Already have an account? Sign in here.

• Existing user? Sign In
• Immigration Guides
• Immigration Wiki
• Example Immigration Forms
• Form Downloads
• K1 Fiancé Visa
• CR1 & IR1 Spousal Visa
• US Visa FAQs

Office Reviews & Info

• Consulate & USCIS Office Reviews
• US Port of Entry Reviews
• US Consulate Information
• Processing Times
• Immigration Timelines
• VJ Partners
• Ask a Lawyer
• All Activity
• Popular Topics
• Create New...

A Guide to U.S. Nonimmigrant Visas

If you would like to visit the United States and you're not a U.S. citizen or a lawful permanent resident, you will have to get a nonimmigrant visa to make the trip. Nonimmigrant visas are available for different travel reasons, and U.S. embassies and consulates worldwide grant them for a temporary period. This guide explains what U.S. nonimmigrant visas are and who needs to get one. We also describe the different types of U.S. nonimmigrant visas and the application process step by step.

Written by Jonathan Petts .  Updated December 7, 2022

What Are U.S. Nonimmigrant Visas?

Unlike immigrant visas, such as green cards , which are for people who plan to permanently live in the United States, nonimmigrant visas are for those who want to make short visits. Nonimmigrant visas are available for tourism, college, or business purposes. They usually have a set end date.

Who Needs a Nonimmigrant Visa?

If you are not a U.S. citizen or lawful permanent resident and plan to temporarily come to the United States, you need a nonimmigrant visa. 

However, for foreign nationals from certain home countries, you won't need one as long as you visit the United States for less than 90 days for tourism, business, or while in transit. This program is called the Visa Waiver Program (VWP), and it applies to people from 40 countries and territories, including most within the European Union. In addition, most Canadians will not need a visa to enter the United States unless they plan to work, study, invest, or immigrate.

The Visa Waiver Program has multiple rules for eligibility. You have to enroll in the Electronic System for Travel Authorization (ESTA) program before air travel. You can only stay in the United States for a maximum period of 90 days with no extension. You cannot have a history of having a U.S. visa refused or denied. You will also have to prove you have strong ties to your home country and won’t overstay your visa.  

What Are the Nonimmigrant Visa Types?

There are three primary nonimmigrant visa categories. You can visit the United States for temporary tourism or business, study, and work. 

Visitor Visas (B Visas)

If you plan to visit the United States for tourism or temporary business, you need a B-1 or B-2 visa unless the Visa Waiver Program covers your home country. For your U.S. visa application, you will have to provide documents to the Department of Homeland Security (DHS) that explain the reasons for your trip and your trip itinerary. 

Your visa validity could last between three months and 10 years and depends on your home country. You can enter the United States anytime, either once or multiple times within the period of time that the visa is valid. 

How Long Can I Stay With a Visitor Visa?

The government official from Customs and Border Patrol (CBP) at your port of entry determines how long you can stay in the United States. The maximum is six months. You may extend this time, but you will have to apply 45 days before the visa expires, and immigration authorities may reject your extension. Your I-94 Form will indicate the length of stay. This is different from your visa expiry date. You can only stay as long as the I-94 Form indicates. Still, you can leave and re-enter the United States again during the visa validity period. 

Study or Work-Exchange Visas (F, M, and J Visas)

If you plan to be a student in the United States, you will also need a visa. The first type of visa available to students is the F-1 visa for full-time students at an accredited educational institution. Institutions include colleges, high schools, seminaries, and conservatories. If you want to get a job, you can only have on-campus employment. The second type of visa is an F-2 visa, which is for spouses or children of F-1 visa holders. The final option is an F-3 visa for people who live in Canada or Mexico and commute to the United States for their studies. 

Another type of student visa is the M visa , for students at vocational or other accredited nonacademic institutions. However, language training programs fall under the F visa category. 

For work- or study-based exchange visitors, there is the J-1 visa. These visa holders could include teachers, interns, au-pairs, and other participants in exchange visitor programs. They must be part of a program that promotes cultural exchange. There are also specific categories of eligibility, such as proficiency in English. J-2 visas are for dependents of J-1 visa holders. 

Employment Visas (H, L, Q P, C, D, G Visas)

Work visas allow people to enter the United States for a temporary period. The visa does not apply to indefinite or permanent work — only U.S. citizens and permanent residents can work in the country permanently. Your employer needs to start the visa application process by filing a petition with U.S. Citizenship and Immigration Services (USCIS). If accepted, you can get a nonimmigrant work visa. 

There are multiple visa classifications for temporary workers. H-1B and H-1B1 visas are for professional jobs. These jobs must require at least a bachelor’s degree. You must have an employer sponsor. 

H-2A and H-2B visas are for seasonal work that don’t have available U.S. citizens as employees. This could include agricultural work. 

L-1A or L-1B visas are for people transferring from within a multinational company to a U.S. office. O-1 visas are for people with unique talents. P-1A, P1-B, P2, and P-3 visas are for artists and entertainers. Q visas are for people participating in international cultural exchange. C-1, D, and C-1/D visas are for crew members of ships or airline employees. 

G visas are diplomatic non-immigrant visas issued to individuals representing foreign governments who are working in international organizations in the United States.

How To Apply for a U.S. Nonimmigrant Visa

For a nonimmigrant visa application, you need to fill out Form DS-160 , pay a fee, and schedule an interview. Then, you need to get your documents and attend the visa interview. 

Step1: Complete Form DS-160

First, you need to fill out Form DS-160 . You will need to provide lots of personal information. This information includes travel history , employment history, information about your family members, and more. 

Step 2: Pay the Visa Fee

Next, you will have to pay an application fee. You will pay this to a consular section at a U.S. embassy or consulate responsible for visa services. The fee is $160. However, if you are a temporary worker, you will have to pay $190. You can pay this processing fee when you submit your application form.  

Step 3: Schedule Your Visa Interview

The next step for visa applicants is to schedule an interview at a U.S. consulate or embassy. You should check ahead of time through the U.S. Department of State about appointment wait times. Check that there are no current travel restrictions, such as coronavirus pandemic-related ones. Your visa appointment wait time will depend on the U.S. Consulate General location you choose. 

Step 4: Gather Supporting Documents

You will have to bring documents to your interview. These include a valid passport, a passport photograph, the Form DS-160 confirmation page, proof of payment, and a printout of your interview appointment letter. 

You may also have to show proof of your nonimmigrant intent. This intent means evidence you will return to your home country after visiting the United States. For example, you may have to show your travel itinerary, employment documents from your home country, or invitation letters from family or friends. 

Step 5: Attend Your Visa Interview

At your interview, you will have to swear under oath and have your fingerprints taken. The consular officer will review your application and documents. They may ask questions about why you want to visit, your itinerary, and how you will pay for it. The interview may be short or long. It is essential to give accurate answers. 

Step 6: Receive a Decision From U.S. Embassy

After your visa issuance, you can travel to the United States anytime until the expiry date on the visa. You will show your visa and passport to the U.S. Customs and Border Protection (CBP) officer at the port of entry. 

Form I-94 is a record of your entries or exits from the United States. It is usually electronic now. You can either find it online or ask the officer at the port of entry for one. 

It is very important to know the entry date on your Form I-94. You want to ensure you will not overstay your visa. Your I-94 exit date could be earlier than your visa expiry date. The I-94 date takes precedence over your visa stamp, so make sure to check the form carefully. U.S. immigration law enforces strong consequences for overstaying your visa, including travel bans from the United States. 

Continue reading and learning!

• (888) 777-9102
• Learning Center

• How It Works
• All Packages & Pricing
• I-90 Application to Replace Permanent Resident Card
• I-129F Petition for Alien Fiancé
• I-130 Petition for Alien Relative
• I-131 Application for Travel Document
• I-485 Adjustment of Status Application
• I-751 Remove Conditions on Residence
• I-765 Application for Employment Authorization
• I-821D DACA Application Package
• I-864 Affidavit of Support
• N-400 Application for Naturalization
• N-565 Application to Replace Citizenship Document
• Citizenship Through Naturalization
• Citizenship Through Parents
• Apply For Citizenship (N-400)
• Apply for Certificate of Citizenship (N-600)
• Replace Citizenship Document (N-565)
• Apply for a Green Card
• Green Card Renewal
• Green Card Replacement
• Renew or Replace Green Card (I-90)
• Remove Conditions on Green Card (I-751)
• Green Card through Adjustment of Status
• Adjustment of Status Application (I-485)
• Affidavit of Support (I-864)
• Employment Authorization (I-765)
• Advance Parole Application (I-131)
• Adjustment of Status Fee
• Family-Based Immigration Explained
• Search the Learning Center
• Request Support
• Find an Immigration Attorney

• General Immigration Questions

What is the difference between an immigrant visa and nonimmigrant visa?

Home » What is the difference between an immigrant visa and nonimmigrant visa?

July 25, 2021

Immigrant Visa

The U.S. government grants an immigrant visa to foreign-born individuals who intend make the United States a permanent home. Synonymous terms for immigrant visa include: permanent resident, immigrant, green card holder, and resident alien. Those with immigrant status may work in the United States and live within the U.S. with most of the privileges and rights as U.S. citizens. To acquire an immigrant via, most people are sponsored by a family member or employer in the United States. Other people may become permanent residents through refugee or asylum status or other humanitarian programs. Depending on the path, gaining immigrant status can be a lengthy and complex process.

RECOMMENDED: Family-based Immigration in the United States

Nonimmigrant Visa

The U.S. government grants other foreign-born individuals a nonimmigrant visa for the purposes of a temporary visit to the United States. Generally, the terms of a nonimmigrant visa require that the visa holder depart the U.S. within a certain time frame. The purpose for the visit may be tourism, business, temporary work, or school. Once a person has entered the U.S. in nonimmigrant status, they are restricted to the activity or reason for which they were allowed entry. For example, someone with a student visa must continue to be enrolled in school to keep within the terms of the visa. Most nonimmigrant visas are issued only to applicants who can demonstrate their intentions to return to their home country.

Mistakes on USCIS forms can cause costly delays or a denial.

Dual intent visas.

People applying for a nonimmigrant visa may be denied if they appear to have the true intention of visiting the U.S. for the purposes of obtaining immigrant status. Likewise, you may be violating the terms of your nonimmigrant visa if you come to the United States for the purposes of adjusting status to permanent resident status.

there is a class of visas that allow this “dual intent,” coming to the United States in a nonimmigrant status with the eventual intention or possibility of becoming a permanent immigrant. Presently, only E, H-1 and L nonimmigrant categories are allowed to enter and remain nonimmigrants while simultaneously pursuing permanent resident status. When applying for a nonimmigrant visa, it is important that the applicant be able to demonstrate family and employment related ties to their country of origin. Without these ties, the visa officer from a U.S. consulate may conclude that the visa application is only a pretext for an intent to stay permanently U.S. and may deny the application.

RECOMMENDED: Dual Intent Visas and the Concept of Nonimmigrant Intent Explained

Immigration Form Guides Form I-90       Form I-129F       Form I-130       Form I-131       Form I-131A       Form I-134       Form I-485       Form I-751       Form I-765       Form I-821D       Form I-864       Form N-400       Form N-565       Form N-600

Sign Up to Receive Free Monthly Information for Your Immigration Journey

© Copyright 2013-2024, CitizenPath, LLC. All rights reserved. CitizenPath is a private company that provides self-directed immigration services at your direction. We are not affiliated with USCIS or any government agency. The information provided in this site is not legal advice, but general information on issues commonly encountered in immigration. CitizenPath is not a law firm and is not a substitute for an attorney or law firm. Your access to and use of this site is subject to additional Terms of Use .

• Immigration

Immigrant vs. Non-Immigrant Visas: Understanding the Key Differences

Understanding the key differences between immigrant and non-immigrant visas is crucial. immigrant visas are for individuals planning to permanently live and work in a foreign country, while non-immigrant visas are temporary and allow visitors, students, or workers to stay for a limited period. knowing these distinctions is essential for navigating the immigration process..

Quick Glance:

• Understanding the difference between immigrant and non-immigrant visas is crucial for international travelers and settlers.
• Immigrant visas are for those seeking permanent residency , while non-immigrant visas are temporary for specific purposes.
• It’s important to follow visa rules , maintain proper documentation, and adhere to the duration of your stay. Embarking on a journey to a new country can be exciting and full of promise. Whether you’re seeking to explore new horizons as a tourist, dive into academic studies, join family members, or begin a new job, understanding the difference between immigrant and non-immigrant visas serves as your foundational guide. Simplifying this key aspect of immigration law can help you navigate the process with greater confidence.

Understanding Visas: The Basics

A visa is like a key that unlocks the door to a country. It’s an official document or stamp placed in your passport that grants you permission to enter, stay, or leave that country for a specific purpose and duration. Visas come in two primary forms: immigrant and non-immigrant. The distinction between the two hinges on your intention or the purpose of your stay.

Immigrant Visas: For the Long-Term Settler

An immigrant visa is for those who intend to make their new country a permanent home. If you’re planning on moving to another country to live there permanently, this is the path for you.

• Permanent Residency : Individuals with immigrant visas often seek permanent residency, colloquially known as getting a Green Card in the United States. This entitles them to work, live, and study in the country without the time restrictions imposed on non-immigrant visa holders.
• Family-Based Connections: Many immigrant visas are issued based on family connections, such as being married to a citizen or being the child or parent of one.
• Employment Prospects: Others may receive an immigrant visa due to employment prospects, where companies sponsor the individual because of their unique skills or qualifications.
• Diversity Programs: Additionally, some countries offer immigrant visas through diversity lottery programs aimed at increasing the diversity of the immigrant population.

Upon approval, immigrant visa holders embark on a path that can ultimately lead to citizenship, should they choose to naturalize.

Also of Interest:

Proven ways to show ongoing exceptional accomplishments for visa renewal, addressing overqualification of applicants in the perm process for employment-based immigration.

Non-Immigrant Visas: The Temporary Visitor

Non-immigrant visas cater to those who have a specific reason for visiting a country but do not intend to stay permanently.

• Tourism and Business: These visas include categories for tourists, business travelers, and those embarking on short-term work assignments.
• Studying Abroad: Students from around the globe often use non-immigrant visas to attend school, whether for high school exchange programs or advanced university degrees.
• Temporary Work: Additionally, there are temporary work visas for individuals who fill specific roles for a set period, such as seasonal agricultural work or specialized industries like technology or entertainment.

“Non-immigrant visas are suited for individuals whose main life and home are outside the country they wish to visit,” an immigration expert might explain. “It’s important to adhere to the conditions and duration of your visa to maintain legal status .”

Following the Rules: Staying Compliant

Whether you’re a holder of an immigrant or non-immigrant visa, it’s crucial to follow the rules associated with your visa status. Failing to do so can result in your visa being revoked and could have long-term implications for future travel.

• Proper Documentation: Always maintain proper documentation and renew your status as required.
• Report Changes: Report any changes in your situation, as certain changes may necessitate a different visa category.
• Respect Duration: Adhere strictly to the duration of your stay as dictated by your visa. Overstaying can lead to penalties and challenges in obtaining visas in the future.

Applying for Your Visa

Ready to take the next step? Applying for either type of visa typically involves filling out detailed applications, providing supporting documents, and attending an interview at the respective consulate or embassy. It’s a process often filled with paperwork and patience.

For the most current and detailed information, always refer to official resources such as the U.S. Department of State – Bureau of Consular Affairs or the equivalent authority in your destination country.

In conclusion, understanding the key differences between immigrant and non-immigrant visas is essential for any would-be international traveler or settler. While an immigrant visa is your ticket to a new life in a new country, a non-immigrant visa is like a round-trip ticket, meant for a visit with a return in mind. Knowing which visa aligns with your travel or living intentions is paramount in ensuring a smooth journey to your destination and compliance with the immigration laws of the land. Remember to always refer to the immigration laws specific to your destination to prevent any unforeseen hurdles in your grand adventure.

So there you have it – the lowdown on immigrant and non-immigrant visas! It’s like having a key to a new country, whether you’re settling down or just visiting. And if you want to dive deeper into the world of visas, head over to visaverge.com for more fascinating info. Get ready to unlock new adventures! Cheers, my fellow tech-savvy traveler! 🌍✈️

FAQ’s to know:

FAQ 1: What is the difference between an immigrant visa and a non-immigrant visa?

An immigrant visa is for individuals who intend to permanently settle in a new country, while a non-immigrant visa is for those who have a temporary purpose for visiting a country and do not intend to stay permanently.

FAQ 2: How can I obtain permanent residency with an immigrant visa?

Immigrant visas often lead to permanent residency, such as obtaining a Green Card in the United States. This entitles individuals to work, live, and study in the country without the time restrictions imposed on non-immigrant visa holders. Permanent residency can be based on family connections, employment prospects, or diversity lottery programs.

FAQ 3: What should I do to stay compliant with my visa status?

To stay compliant with your visa status, it is crucial to maintain proper documentation, report any changes in your situation, and adhere strictly to the duration of your stay as dictated by your visa. Failure to follow these rules can result in your visa being revoked and could have long-term implications for future travel.

What did you learn? Answer below to know:

• True or False: Immigrant visas are for individuals who intend to make the destination country their permanent home.
• What are some common reasons for obtaining a non-immigrant visa? a) Seeking permanent residency b) Joining family members in another country c) Participating in a diversity lottery program d) Attending school or engaging in temporary work
• Why is it important to adhere strictly to the duration of your stay as dictated by your visa? a) It can lead to penalties and legal challenges. b) It ensures you can renew your visa easily. c) It allows you to apply for permanent residency. d) It helps maintain proper documentation.

Did you Know?

Did You Know? 1. True or False: Immigrant visas are for individuals who intend to make the destination country their permanent home. 2. Did you know that non-immigrant visas are often issued for tourism, business travel, short-term work assignments, and studying abroad? 3. Did you know that immigrant visas can be obtained through family-based connections, employment prospects, and diversity lottery programs? 4. Are you aware that non-immigrant visa holders need to adhere strictly to the duration of their stay as dictated by their visa? Failure to do so can lead to penalties and legal challenges. 5. Did you know that obtaining a immigrant visa often leads to permanent residency, such as obtaining a Green Card in the United States? 6. Are you aware that certain countries offer immigrant visas through diversity lottery programs aimed at increasing the diversity of the immigrant population? 7. Did you know that immigrant visa holders often get the opportunity to work, live, and study in the destination country without the time restrictions imposed on non-immigrant visa holders? 8. Are you aware that proper documentation, reporting changes in your situation, and adhering strictly to the duration of your stay are crucial for staying compliant with your visa status? 9. Did you know that failure to follow the rules associated with your visa status can result in your visa being revoked and could have long-term implications for future travel? 10. Are you aware that applying for a visa often involves filling out detailed applications, providing supporting documents, and attending an interview at the respective consulate or embassy?

Learn Today: Key Terms Explained

Glossary or Definitions:

Visa: An official document or stamp placed in a passport that grants permission to enter, stay, or leave a country for a specific purpose and duration.

Immigrant Visa: A visa for individuals who intend to make the destination country their permanent home. It allows holders to seek permanent residency and often leads to obtaining a Green Card, which grants the right to work, live, and study in the country without time restrictions.

Permanent Residency: Obtaining the legal right to live and work indefinitely in a country. It is often associated with immigrant visas and is colloquially known as obtaining a Green Card in the United States.

Non-Immigrant Visa: A visa for individuals who have a temporary purpose for visiting a country and do not intend to stay permanently. It includes categories for tourism, business, studying abroad, and temporary work assignments.

Green Card: A commonly used term for a Permanent Resident Card, which allows foreign nationals to live and work permanently in the United States.

Family-Based Connections: A basis for immigrant visas, where individuals can obtain a visa through family connections by being married to a citizen or being the child or parent of a citizen.

Employment Prospects: A basis for immigrant visas, where individuals receive a visa due to their unique skills or qualifications, and are sponsored by a company for employment in another country.

Diversity Programs: Programs offered by some countries that provide immigrant visas through diversity lottery programs aimed at increasing the diversity of the immigrant population.

Legal Status: The condition of abiding by the rules and regulations set by the immigration authorities of the host country. Adhering to the conditions and duration of a visa is crucial for maintaining legal status.

Documentation: The process of obtaining and maintaining the necessary paperwork and documentation required for a visa, including passports, identification, supporting documents, and renewing status as required.

Duration of Stay: The period of time authorized by a visa during which an individual is allowed to stay in a country. Adhering strictly to the duration of stay is important to avoid penalties, legal challenges, and complications in future visa applications.

Consulate or Embassy: The diplomatic mission of a country in another country, where visa applications are submitted, interviews are conducted, and consular services are provided.

Bureau of Consular Affairs: A department within the U.S. Department of State responsible for administering visa programs and providing services to U.S. citizens abroad and foreign citizens visiting the United States.

Permanent Settlement: The act of intending to live in a new country on a permanent basis. Immigrant visas are typically used by individuals seeking permanent settlement.

Temporary Purpose: An intention to visit a country for a specific and temporary reason, such as tourism, business, or studying abroad. Non-immigrant visas are used for temporary purposes.

Revocation: The cancellation or invalidation of a visa by the immigration authorities due to non-compliance with visa rules or regulations.

Compliance: Adhering to the rules, regulations, and conditions associated with a visa status. Staying compliant is important to maintain legal status and avoid any negative consequences for future travel.

Application: The process of submitting detailed forms, providing supporting documents, and attending interviews at the consulate or embassy to obtain a visa.

Immigration Laws: The set of laws and regulations governing the entry, stay, and departure of individuals in a country. It is important to refer to the specific immigration laws of the destination country for accurate and up-to-date information.

Grand Adventure: Refers to the exciting journey and experiences involved in traveling to a new country, exploring new horizons, and potentially settling down.

Verging Today

New USCIS Rules for H-1B Workers After Layoffs

USCIS issues guidelines for H-1B layoffs impacting immigrant workers at companies like Google and Walmart. Stay informed on visa terminations.

Trending Today

Applying for u.s. citizenship after 3 years as a green card holder.

Green Card holders can apply for U.S. citizenship after 3…

Essential Travel Documents for Germany: What You Need to Carry

Planning a trip to Germany? Ensure a smooth journey by…

Top 10 B-1/B-2 Visa Interview Questions with Answers

Prepare for your B-1/B-2 Interview with these 20 sample questions…

Understanding H-1B Visa Approval Notices: I-797, I-797A, I-797B, I-797C

Navigating H-1B visa approvals requires understanding the I-797 Notices by…

H-1B 2025: Will There Be a Second Lottery?

The USCIS announced the completion of the initial H1B 2025…

Hungary Visa Application Guide

This guide outlines the Hungary visa process, detailing types (short-stay…

B2 to F2 Visa Transfer: Process, Advantages, and Disadvantages

Are you looking to transfer from a B2 visa to…

J1 to F1 Visa Transfer: Advantages of Changing Visa Status and Step-by-Step Process

Learn how to transfer from a J1 visa to a…

Thailand Visa-Free Entry for 93 Nations Starting June 2024

Thailand enhances tourism with Travel Simplification: 93 countries now eligible…

Renew Indian Passport in USA: Step-by-Step Guide

Looking to renew your Indian passport in the USA? This…

Sign in to your account

Username or Email Address

Remember Me

Immigrant vs. Nonimmigrant

Immigrant vs nonimmigrant visa redirects here. The United States and most other countries offer various classes of entry permits to non-citizens. The two main classes are immigrant and nonimmigrant and they connote the intent of the individual seeking entry and stay in the country.

Comparison chart

Definition of immigrant and nonimmigrant.

An immigrant visa is for individuals who want to permanently resettle in the destination country. They may or may not want eventual citizenship of the country, although in most cases they do. In the case of an immigrant, the intention of permanent residence is clear and is made known before hand.

A nonimmigrant visa is for individuals who want either a short or long-term stay (including a work permit) but do not want permanent residence in the destination country. A non-immigrant may live in the country for several years without any application to permanently resettle. Many people in the nonimmigrant status later apply to change their status to immigrant because they may later want to settle in their adopted country permanently.

Examples of immigrant and nonimmigrant visas for the United States

In the United States, visas such as business or tourist visa, and work visas such as H1B or L1 are nonimmigrant visas . These visas allow people to live and work in the United States for a limited period of time - from 6 months to several years. They also allow people to work in the United States. However, all these visas have a certain validity period and certain limits to how long they can be extended. This is because non-immigrant visas are not to be used for permanent residence.

An immigrant visa for the United States is also called a Green Card. This allows the immigrant to live in the United States permanently. It also allows the visa-holder (or green card holder) to leave and re-enter the United States at will, without require any other documentation or visa, just like a citizen would. Immigrant visa holders do not, however, have certain rights such as voting until they apply for and are granted citizenship.

How to Decide

Use this flowchart to decide whether an alien is an immigrant or not.

Related Comparisons

Share this comparison via:

If you read this far, you should follow us:

"Immigrant vs Nonimmigrant." Diffen.com. Diffen LLC, n.d. Web. 19 Jul 2024. < >

Comments: Immigrant vs Nonimmigrant

• Immigrant vs Refugee
• Immigrant vs Emigrant
• Immigration vs Migration
• Immigrant vs Alien
• Consulate vs Embassy
• Passport Book vs Passport Card
• H-1B vs L-1 Visa
• EAD vs H-1B

Edit or create new comparisons in your area of expertise.

Stay connected

© All rights reserved.

We’re sorry, this site is currently experiencing technical difficulties. Please try again in a few moments. Exception: request blocked

We’re sorry, this site is currently experiencing technical difficulties. Please try again in a few moments. Exception: request blocked

Knowledge Article

What is the difference between an Immigrant Visa vs. Nonimmigrant Visa ?

The type of visa is determined by the purpose of your travel to the United States. An immigrant visa (IV) is issued to a person wishing to live permanently in the United States. A nonimmigrant visa (NIV) is issued to a person with permanent residence outside the United States but wishes to be in the United States on a temporary basis for tourism, medical treatment, business, temporary work, or study, as examples. There are more than 20 different categories of nonimmigrant visa classifications. For more information and a list of contacts, visit the Bureau of Consular Affairs  website .   For general questions and answers about visas, see the U.S. Department of State - Frequently Asked Questions .  

Article Number

Date Published

Ask a Question

Submit a Complaint

Submit a Compliment

Report Illegal Activities

Additional Information

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

• Create Account

FAQs for Individuals in H-1B Nonimmigrant Status

The following information addresses common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members.

For example, did you know:

• An eligible H-1B worker can change employers as soon as the new employer’s nonfrivolous H-1B petition is properly filed with USCIS.
• We will not revoke a Form I-140 petition approval solely due to the termination of the petitioner’s business or the employer’s withdrawal, as long as the petition has been approved for at least 180 days or the associated adjustment of status application has been pending for at least 180 days, and the petition approval is not revoked on other grounds. In this scenario, the H-1B worker will retain their priority date.
• When an H-1B worker’s employment is terminated (either voluntarily or involuntarily), they typically may take one of several actions to remain in a period of authorized stay in the United States beyond 60 days.

The chart below summarizes some common scenarios for H-1B workers. The information in this chart is general and does not capture all relevant details or considerations. Please review the FAQs further below and accompanying links for more specific information.

Q. I am currently in the United States in another nonimmigrant status. Do I have to depart the United States to obtain H-1B nonimmigrant status?

A. Nonimmigrants in the United States who wish to obtain a different nonimmigrant status generally either apply for a change of status with USCIS or, after USCIS approves their benefit request, consular process by applying for a visa in the new classification at a U.S. Embassy or Consulate abroad and then requesting admission to the United States in the new classification.

In general, you may change to H-1B nonimmigrant status without departing the United States. An employer who files an H-1B petition on your behalf can request a change of status on the  Form I-129, Petition for a Nonimmigrant Worker . To be eligible to change your status, you must have been lawfully admitted to the United States as a nonimmigrant, your nonimmigrant status must remain valid, you must not have violated the conditions of your status, and you must not have committed any act that would make you ineligible to receive a nonimmigrant benefit. Also, certain nonimmigrant categories are ineligible for a change of status (see  Change My Nonimmigrant Status  for a list).

If you need to depart the United States – for example, if your current nonimmigrant status expires before your employer is able to file Form I-129 requesting a change of status to H-1B classification – you would generally need to apply for and obtain an H-1B visa stamp from a U.S. Embassy or Consulate abroad and present yourself at a port of entry for admission in H-1B status with U.S. Customs and Border Protection (CBP) after the approval of the H-1B petition filed on your behalf. See Requirements to Timely File a Request to Extend Stay or Change Status in the  USCIS Policy Manual .

Q. How long may I remain in the United States in H-1B status?

A. The maximum period of admission for H-1B workers is generally 6 years. However, as detailed below, there are some common exceptions to this limit.

Q. When and how long can I extend my H-1B status beyond 6 years?

A. Your employer may submit  Form I-129, Petition for a Nonimmigrant Worker , on your behalf, requesting an H-1B extension beyond 6 years in certain scenarios. For example, your employer may request to extend your H-1B status beyond 6 years if at least 365 days have passed since a  permanent labor certification was filed on your behalf with the U.S. Department of Labor (DOL) or since an immigrant visa petition (typically Form I-140), enabling you to apply for lawful permanent residence once a visa is available, was filed on your behalf with USCIS under one of the  employment-based immigrant visa categories . We may grant extensions on this basis in up to 1-year increments.

More commonly, your employer may also request to extend H-1B status beyond 6 years if you are the beneficiary of an approved   Form I-140, Immigrant Petition for Alien Workers , in the  first, second, or third preference category and are eligible to be granted lawful permanent resident status, except for the fact that an immigrant visa is not available, as reflected in the  U.S. Department of State Visa Bulletin . Your petitioning employer must demonstrate that the visa is not available as of the date the H-1B extension petition is filed with USCIS, a s determined by your Form I-140 priority date and the relevant visa bulletin chart from the time of filing the H-1B extension request. See the  USCIS Policy Manual for additional information on visa availability. We may grant extensions on this basis in up to 3-year increments.

Additional information about extending H-1B status beyond 6 years, including specific requirements and points at which you are no longer eligible for such extensions, is available on our  H-1B Specialty Occupations page under “Period of Stay.”

Q. Must I presently hold H-1B status to request H-1B status beyond 6 years?

A. You do not have to hold H-1B status at the time you request H-1B status beyond the sixth year. Regulations authorizing H-1B status beyond 6 years apply to individuals who are currently in or previously held H-1B status.

For example, imagine you previously held H-1B status for 6 years but had no basis to timely extend beyond 6 years before your 6 years in H-1B status were reached. You then changed to O-1 status. While in O-1 status, a Form I-140 petition in the first, second, or third preference category was approved on your behalf, but an immigrant visa is not available in the category under which you are adjusting status based on your priority date. Your employer may then file a petition requesting a 3-year period of H-1B status on your behalf. This petition could either request a change of status to H-1B while still in the United States, assuming you are otherwise eligible for a change of status, or consular notification. H-1B petitions approved by USCIS for consular processing are forwarded to the Department of State for review. After review, a U.S. Consulate or Embassy may issue a visa for travel to a United States’ port of entry.

Q. Does my time outside of the United States count towards my 6-year maximum in H-1B status?

A. Only time spent in the United States as an H-1B beneficiary counts towards the 6-year maximum. Time spent outside the United States exceeding 24 hours, commonly referred to as “recapture time” or “remainder time,” does not count towards your 6-year limit, and you are eligible to recapture those periods of time. The burden is on your petitioning employer to request and establish eligibility for recapture time. Documentation of time outside of the United States may include passport stamps, Form I-94 Arrival/Departure Records and travel history from U.S. Customs and Border Protection, airline tickets, and boarding passes, along with an accompanying chart indicating dates outside of the United States. Your petitioning employer may include such documentation to establish your eligibility for recapturing time when they submit an H-1B petition on your behalf.

Q. I only work in H-1B status for short periods of time throughout the year. Does the 6-year maximum duration still apply to me?

There is not a limitation of stay if your employment in the United States is seasonal or intermittent or for a total of 6 months or less per year, or if you do not reside continually in the United States. Your petitioning employer must provide clear and convincing proof that you qualify for such an exception of the 6-year maximum duration. This proof must consist of evidence such as arrival and departure records, copies of tax returns, and records of employment abroad.

Q. When can I begin a new 6-year period of H-1B status?

A. You may be eligible to begin a new period of 6 years in H-1B status if you have been outside of the United States for 1 continuous year, with the exception of brief trips to the United States for business or pleasure.  If you start a new 6-year period of H-1B status you are subject to  H-1B cap limitations  if your employment is cap-subject.

Q. My H-1B status is about to expire. Do I have to leave the United States to extend my H-1B status?

A. In general, you do not have to leave the United States to extend your H-1B status. Your employer can submit an H-1B petition with a request to extend your H-1B status. To be eligible to extend your status, you must have been lawfully admitted to the United States as a nonimmigrant, your nonimmigrant status must remain valid, you must not have violated the conditions of your status, and you must not have committed any act that would make you ineligible to receive a nonimmigrant benefit. See  How Do I Extend My Nonimmigrant Stay in the United States (PDF, 121.18 KB) ?

If the H-1B petition requesting an extension of status on your behalf is filed after the end of your H-1B status period – in other words, if it was not “timely filed” -- then we, in our discretion and under certain conditions, may excuse the failure to timely file if the delay was due to extraordinary circumstances beyond your control. If we approve the late-filed petition to extend status, the approval is effective as of the date of the expiration of your prior H-1B admission period. See the  USCIS Policy Manual .

If we deny the extension of status request, whether it was filed on time or not, you will be considered to have been out of valid status as of the expiration date of your H-1B status that you sought to extend (in other words, your I-94 expiration date). Please see the  USCIS Policy Manual  for more information.

Q. My H-1B status is about to expire but a petition requesting an H-1B extension on my behalf is pending at USCIS. What is my status once my H-1B expires? May I continue to work while the extension request is pending?

If your H-1B expires and a timely-filed non-frivolous H-1B extension request is pending on your behalf, you are in a period of authorized stay – even after your H-1B status expires. Note, however, that an authorized period of stay is not the same as a status. If the petition is seeking extension of the same employment for the same employer, you are authorized to continue employment for a period not to exceed 240 days from the date your H-1B status expired. If we deny the extension request before the 240-day period expires, your employment authorization will automatically terminate when USCIS notifies your petitioning employer of the denial. If the petition is requesting a change in employment or change in employer under H-1B portability, you are authorized to work in the new employment for the entire time the petition is pending at USCIS. If we deny the request, your employment authorization based on portability will automatically terminate when USCIS notifies your petitioning employer of the denial. See “Changing Employers or Employment Terms with the Same Employer (Portability)” in our  H-1B Specialty Occupation webpage.

Q. What happens if my H-1B status expires while I have a pending application to change to another nonimmigrant status?

A. A pending application to change status ( Form I-129, Petition for a Nonimmigrant Worker , or  Form I-539, Application to Extend/Change Nonimmigrant Status ) does not provide lawful immigration status. However, you may be in an authorized period of stay during the period when a timely filed nonfrivolous application to change status is pending with USCIS. If we approve your timely-filed application to change status, the start date for your new nonimmigrant status is effective on the date of approval. If there is a gap of time between the expiration date of your H-1B status and the start date of your new status, we consider you to have continued to maintain a lawful status as long as you timely filed the change of status (COS) application, we granted the request to change status, and you did not violate any terms and conditions of your H-1B status.

If your request to change status was not filed on time – in other words, if it was not filed before the end of your H-1B status -- then we, in our discretion and under certain conditions, may excuse the failure to timely file if the delay was due to extraordinary circumstances beyond your control. If we approve the late filed change of status application, the change of status takes effect on the approval date. In this scenario, we will consider you to have maintained lawful status during the excused period. See the  USCIS Policy Manual .

If we deny the application to change status, whether it was filed on time or not, you will be considered to have been out of valid status as of the expiration date of your H-1B status (your I-94 expiration date).

Q. What happens if my H-1B status expires and I have an approved compelling circumstances Employment Authorization Document (EAD)?

A. If your H-1B status expires and you have a compelling circumstances EAD, you will be in a period of authorized stay, but you will no longer be maintaining a nonimmigrant status. You generally will not accrue unlawful presence in the United States while the EAD is valid or, if you filed a non-frivolous application for the EAD before the expiration of your H-1B status, while your application was pending.

If you are working in the United States under a compelling circumstances EAD and a nonimmigrant or immigrant petition is filed on your behalf, you would not be eligible to change status, extend status, or adjust status to lawful permanent resident from within the United States. After the petition is approved, you would need to apply for a visa and/or admission from outside the United States to begin working in accordance with that petition.

See additional information at  Employment Authorization in Compelling Circumstances .

Q. I have a controlling interest in a company. Can this company qualify as my petitioning employer to sponsor my H-1B status?

A. A company in which you have a controlling interest – meaning, you own more than 50% or have majority rights – may qualify as your employer and may petition for H-1B status on your behalf. In this scenario you would be both an owner of the petitioning employer and a beneficiary of the petition (a “beneficiary owner”).

Previously, more restrictive requirements on employer-employee relationships between H-1B petitioners and beneficiaries may have resulted in H-1B beneficiary owners being ineligible. However, in 2020 we rescinded the 2010 policy memorandum, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements,” which impacted such eligibility. See the  USCIS Policy Memorandum (PDF, 379.71 KB) .

The Oct. 23, 2023, Notice of Proposed Rulemaking (NPRM), Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers,  proposed to codify the ability of beneficiary owners to obtain H-1B status. We continue to consider comments in response to this NPRM. However, beneficiary owners may already be eligible for H-1B status under existing regulations and policies. You must still be coming temporarily to the United States to perform services in a specialty occupation. Additionally, Department of Labor requirements related to labor condition applications, including requirements concerning the appropriate prevailing wage and wage level, still apply.

The United States remains a destination for top talent around the world. Our ability to attract and retain entrepreneurs is essential for spurring innovation, job creation, and new industries and opportunities for all Americans. We encourage entrepreneurs to use the H-1B program, or other appropriate pathways, to live and work in the United States. See  Options for Noncitizen Entrepreneurs to Work in the United States .

Q. I hold H-1B status and have a pending adjustment of status application. If my H-1B expires, will my adjustment of status application be denied?

A. A pending adjustment of status application does not provide lawful status or cure any violation of nonimmigrant visa status. If you file Form I-485 while you are in H-1B status, however, the expiration of that H-1B status while the Form I-485 is pending generally will not make you ineligible for adjustment of status, as long as you do not engage in unauthorized employment or otherwise become inadmissible. See the  USCIS Policy Manual .

Q. I hold H-1B status and have a pending adjustment of status application. If my H-1B expires, may I continue to work and travel?

A. A pending  Form I-485, Application to Register Permanent Residence or Adjust Status , does not automatically confer employment authorization and does not serve as a basis for readmission to the United States. However, you may submit applications for employment authorization and advance parole with your Form I-485. If you file  Form I-765, Application for Employment Authorization , based on your pending Form I-485, and receive an Employment Authorization Document (EAD), you may use this EAD to work. EADs based on a pending adjustment of status application are unrestricted as to employment type and location. If you file Form I-131, Application for Travel Document , and receive an Advance Parole Document based on your pending Form I-485, you may present your valid Advance Parole Document at a port of entry for reentry to the United States.

The validity period for your EAD will generally be  5 years . If you file both Form I-131 and Form I-765 and USCIS approves both applications, we will generally issue one document which serves as both your EAD and Advance Parole Document (known as a combination card, or combo card). The combo card will be an EAD with the notation “SERVES AS I-512 ADVANCE PAROLE.” (See  Information About Your Immigration Document .) If you do not file the Form I-131 and I-765 together, and/or if we cannot adjudicate both applications together, you will receive separate employment authorization and Advance Parole Documents. In this case, your EAD will indicate “NOT VALID FOR REENTRY TO U.S.” and your Advance Parole Document will be issued separately.

Q. I am an international student on an F-1 visa, currently in a period of optional practical training (OPT). Do I need to obtain H-1B status for my employer to file an immigrant petition on my behalf?

A. As an F-1 student on OPT, you do not have to obtain H-1B status before an immigrant petition is filed on your behalf. In general, nonimmigrants are admitted for a specific temporary period of time and, at the time of admission or extension of stay, must intend to depart the United States at the expiration of their authorized period of admission or extension of stay. See the  USCIS Policy Manual . To be eligible for F-1 classification, a student must intend to depart the United States after their temporary period of stay and have a foreign residence they do not intend to abandon. However, as a student you may be the beneficiary of a pending or approved immigrant petition and still be able to demonstrate an intent to depart. See the  USCIS Policy Manual .

Q. I have an approved immigrant petition and am waiting for a visa number to be available. Why is there such a long wait for a visa number to be available to me?

A. Availability of immigrant visas is subject to statutory limits, and demand for these visas is generally much higher than the limits can accommodate. Statutory constraints on immigrant visa numbers can only be changed by Congress. See  Employment-Based Adjustment of Status FAQs  for additional information.

Q. I have now become a lawful permanent resident. Do any employment restrictions apply to me? What guidance is available?

A. As a lawful permanent resident you are authorized to work for any employer. You may use your Permanent Resident Card (Green Card) for readmission to the United States after travel abroad, though if you are outside of the country for a long duration – generally 1 year or more – you may need to apply for a reentry permit. Note that, depending on the length and circumstances of the trip abroad, the trip may lead to a determination that you have abandoned your lawful permanent resident status. (See the  USCIS Policy Manual ). Additional conditions and requirements apply to those granted conditional permanent resident status, usually granted to those who applied for lawful permanent residence based on marriage or investment. See  After We Grant Your Green Card for more detailed information and resources. 

Q. What is “porting”?

A. There are two kinds of job portability, or “porting,” available based on two different kinds of employer petitions:

H-1B petition portability : Eligible H-1B nonimmigrants may begin working for a new employer as soon as the employer properly files a new H-1B petition (Form I-129) requesting to amend or extend H-1B status with USCIS, without waiting for the petition to be approved. More information about H-1B portability can be found on our  H-1B Specialty Occupations  page.

Immigrant worker petition portability : A worker with an adjustment of status application (Form I-485) that has been pending for at least 180 days with an underlying valid immigrant visa petition (Form I-140) can transfer the underlying immigrant visa petition to a qualifying new offer of employment in the same or similar occupational classification with the same or a new employer. For example, if you move from a software developer position to an information systems manager position, this may be considered a same or similar occupation. More information about this kind of porting (sometimes known as “ INA 204(j)  portability”) can be found in the  USCIS Policy Manual .

If you seek to port to a new offer of employment under INA 204(j), you must submit  Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) , to document your new job offer and transfer your Form I-140 to the new job offer.

If the Form I-140 is in an employment-based immigrant visa category which does not require a job offer – namely, individuals seeking a  national interest waiver of the job offer requirement or individuals seeking classification as a person of  extraordinary ability – you do not need to request job portability under INA 204(j).

Eligibility for immigrant visa classifications and specific requirements are described in the  USCIS Policy Manual and in the  Employment-Based Adjustment of Status FAQs .

Q. How do I leave my current employer to start working for a new employer while remaining in H-1B status?

A. Under H-1B portability provisions, you may begin working for a new employer as soon as they properly file a non-frivolous H-1B petition on your behalf, or as of the requested start date on the petition, whichever is later. You are not required to wait for the new employer’s H-1B petition to be approved before beginning to work for the new employer, assuming certain conditions are met. For more details about H-1B portability, see our  H-1B Specialty Occupations  page, under “Changing Employers or Employment Terms with the Same Employer (Portability).”

Q. What are my options if my H-1B employment is terminated?

A. When nonimmigrant workers are laid off, they may not be aware of their options and may, in some instances, wrongly assume that they have no option but to leave the country within 60 days.

If your employment is terminated, either voluntarily or involuntarily, you typically may take one of the following actions, if you are eligible, to remain in a period of authorized stay in the United States:

• File an application for a change of nonimmigrant status;
• File an application for adjustment of status;
• File an application for a compelling circumstances Employment Authorization Document; or
• Be the beneficiary of a nonfrivolous petition to change employer.

If one of these actions occurs within the up to 60-day grace period, your period of authorized stay in the United States can exceed 60 days, even if you lose your previous nonimmigrant status. If you take no action within the grace period, you and your dependents may then need to depart the United States within 60 days, or when your authorized validity period ends, whichever is shorter.

For more detailed information, see our page on  Options for Nonimmigrant Workers Following Termination of Employment .

Q. My employer filed a Form I-140 immigrant worker petition on my behalf. What happens if I leave my job, or if my employer withdraws the Form I-140? Will I retain my priority date? Am I still eligible to adjust status?

A. First, let’s assume that your priority date is not yet current (meaning it is not earlier than the applicable cutoff date in the Visa Bulletin).

Starting from the moment that the Form I-140 filed on your behalf is approved:

• Your priority date is generally locked in for use in subsequently filed Form I-140 petitions (also known as priority date retention). The only way you can lose your priority date is if the I-140 approval is revoked on certain grounds such as agency error, fraud, or willful misrepresentation of a material fact.
• If you are otherwise eligible for H-1B status, this I-140 approval may be the basis to extend your H-1B status beyond the general 6-year period of admission limitation, in up to 3-year increments.
• Your spouse, if in H-4 nonimmigrant status or seeking a change of status to H-4 nonimmigrant status, would be eligible to apply for an Employment Authorization Document.

Within 180 days of the Form I-140 approval, if your employer withdraws the I-140 petition approval that was filed on your behalf, USCIS is obligated to automatically revoke the I-140 approval. You would not lose your priority date , but you would need a new basis in order to extend your H-1B status beyond the general 6-year limitation and ultimately adjust status.

After the Form I-140 filed on your behalf has been approved for at least 180 days, however:

• Even if your employer withdraws the Form I-140 approval, USCIS would not revoke the I-140 approval for that reason alone. You would continue to have an approved I-140, and would continue to be eligible for H-1B extensions beyond the general 6-year limitation if you are otherwise eligible for H-1B status. USCIS would only revoke the I-140 approval on certain grounds such as agency error, fraud, or misrepresentation of a material fact. You would, however, need a new basis on which to seek adjustment of status.

Next, let’s assume that your priority date becomes current, you have an approved I-140, and you properly file  Form I-485 (the application to adjust status).

• Once your Form I-485 has been pending for 180 days, you can “port” the offer of employment in the Form I-140 approval to a new job offer (same or different employer) as long as the new job offer is in a “same or similar” occupational classification when compared to the job offer in the Form I-140 petition. The new employer does not have to submit a new I-140 on your behalf, although you would need to file a “ Supplement J ” to request this job portability. (Technically, you can submit a Supplement J to port a pending I-140 even before it’s approved, but this scenario is less common. See the relevant  form instructions (PDF, 323.82 KB) on when you must submit a Supplement J.)

Finally, let’s consider one alternative scenario: More than 365 days have passed since the filing of a  PERM labor certification application or a Form I-140 petition on your behalf:

• You are eligible to extend your H-1B status beyond the general 6-year limitation, in up to 1-year increments. (As described above, the 3-year increments are only possible with an approved I-140 and a priority date that is not current.)  Thus, even if you are not eligible for the up to 3-year extension because your priority date is current, you may still be eligible for extensions in increments of up to 1 year if at least 365 days have passed since the filing of the PERM labor certification application or Form I-140 petition (or other employment-based immigrant petition, such as Form I-360) on your behalf.
• Your spouse, if in H-4 nonimmigrant status or seeking a change of status to H-4 nonimmigrant status, would be eligible to apply for an Employment Authorization Document if you have been granted an extension beyond the end of the general 6-year limitation on this basis.

Q. I have an approved Form I-140 but I know I will be waiting a long time for an immigrant visa to become available. Do I need to be the beneficiary of a valid, approved Form I-140 for the whole time I’m waiting?

A. You are not required to be the beneficiary of a valid, approved Form I-140 for the entire time you are waiting for an immigrant visa to become available. Generally, your first approved Form I-140 establishes your priority date. You do need a valid Form I-140 once an immigrant visa becomes available and you file your Form I-485, but it does not need to be the same I-140 that you used to establish your priority date.

In other words, an H-1B worker could establish their priority date with an approved I-140 from Employer A, then use H-1B petition portability to work for a number of other employers who do not file an I-140, and ultimately apply to adjust status based on a second approved I-140 from Employer Z (or use the approved I-140 from Employer A to “port” to a same or similar job offer from Employer Z, if eligible).

Please see the previous Q&A for more details about these scenarios.

Q. I believe my employer has retaliated against me. What protections are available to me?

A. You have a right to be protected from retaliation regardless of your immigration status. Immigration law may provide certain protections to you as an H-1B worker if you report suspected fraud or abuse. Normally, H‑1B workers are not eligible to extend or change their status if they have lost or failed to maintain their H-1B status. However, if they can demonstrate “extraordinary circumstances,” we may use our discretion to excuse this requirement on a case-by-case basis. We may consider a situation to be an instance of “extraordinary circumstances” if you:

• apply to extend your H-1B status or change your nonimmigrant status,
• indicate that you faced retaliatory action from your employer because you reported a Labor Condition Application violation,
• provide credible documentary evidence of such a report and retaliation, and
• lost or failed to maintain your H-1B status.

For more details, see  Combating Fraud and Abuse in the H-1B Visa Program .

For more general information on worker protections, visit  Worker.gov .

For additional information about protection for noncitizen workers who are involved in labor agency investigations, see  DHS Support of the Enforcement of Labor and Employment Laws .

Q. My employer filed an H-1B petition on my behalf, and it is pending at USCIS. If I travel internationally, will the H-1B petition be affected?

A. Only a beneficiary who is continuing to maintain nonimmigrant status may apply for a change of status. If you depart the United States while a petition requesting a change of status to H-1B is pending, we will consider the change of status request abandoned. If we approve the petition, the approval notice will be issued as a consular notification and will not confer H-1B status. In this scenario, you would generally need to apply for and obtain an H-1B visa stamp from a U.S. Embassy or Consulate abroad and present yourself for admission to U.S. Customs and Border Protection (CBP) to obtain H-1B status. See the  U.S. Department of State website for information on the visa application process and the  CBP website for information on travel to the United States.

You must be physically present in the United States at the time your employer files a petition requesting an extension of stay on your behalf. However, departure from the United States while an H-1B petition requesting an extension of stay is pending will generally not serve as a basis to deny the extension request. Your employer may request that USCIS send notification of the H-1B extension approval to the consular office abroad where you will apply for a visa.

Q. I am in the process of applying for lawful permanent resident status while holding H-1B status. Will international travel affect my adjustment of status application?

A. For most adjustment of status applicants, if you depart the United States with a pending  Form I-485, Application to Register Permanent Residence or Adjust Status , without first obtaining an advance parole document, we will deny Form I-485 for abandonment. Exceptions to this rule exist for a narrow set of nonimmigrants, including those holding valid H-1B status. An individual in H-1B status who is not under exclusion, deportation, or removal proceedings may travel while Form I-485 is pending without first obtaining an advance parole document if:

• Upon returning to the United States they remain eligible for H-1B status;
• They are returning to the United States to resume employment with the same employer for which their H-1B is authorized; and
• They are in possession of a valid H-1B visa.

Alternatively, an individual in H-1B status who has a pending Form I-485 and who has been granted an Advance Parole Document based on an approved  Form I-131, Application for Travel Document may depart the United States without abandoning their Form I-485 application, so long as they depart and return during the advance parole document’s validity period.

Q. I filed Form I-131 requesting advance parole and Form I-765 requesting employment authorization with my Form I-485. If I leave the United States before the advance parole and employment authorization are issued, will the applications be denied?

A. Departure from the United States generally will not on its own serve as a basis of denial of  Form I-765, Application for Employment Authorization . However, if you file Form I-131, Application for Travel Document , requesting an Advance Parole Document and depart the United States without already having an Advance Parole Document that is valid for the entire time you are outside the United States, we will consider your Form I-131 abandoned and will deny that application.

You may be eligible for expedited processing of your applications. We consider expedited processing of Form I-131 if you have a pressing or critical need to travel for an unexpected event, such as the need to obtain medical treatment in a limited time or the death or grave illness of a family member or close friend. Expedited processing of a travel document may also be warranted if you have a pressing or critical need to travel outside the United States for a planned event, such as a work or professional commitment, academic commitment, or personal commitment, but processing times prevent USCIS from issuing the travel document by the planned date of departure. When the need to expedite issuance of a travel document is related to a planned event, we consider whether you timely filed the Form I-131 or timely responded to a request for evidence. A desire to travel solely for vacation generally does not meet the definition of a pressing or critical need to travel. See additional information in the  USCIS Policy Manual and our webpage on  Expedite Requests .

Q. I have an Employment Authorization Document (EAD) based on compelling circumstances and am no longer maintaining H-1B status. Can I travel abroad?

A. An EAD based on compelling circumstances does not serve as a travel document or otherwise provide eligibility for readmission into the United States. However, having an EAD based on compelling circumstances does not prevent you from applying for a nonimmigrant or immigrant visa at a consular post abroad to return to the United States, assuming you are otherwise eligible.

We consider an applicant with a valid EAD based on compelling circumstances to be in a period of authorized stay. In addition, we consider the time during which the EAD application was pending to be a period of authorized stay. Therefore, you generally do not accrue unlawful presence during the validity period of the EAD or during the time that a timely filed non-frivolous application is pending. Departing the United States to apply for a nonimmigrant or immigrant visa at a consular post abroad while working using the compelling circumstances-based EAD will not trigger the unlawful presence grounds of inadmissibility, as long as you are not subject to those grounds of inadmissibility from other circumstances. See additional information at  Employment Authorization in Compelling Circumstances .

Q. Can my H-4 dependent family members work?

A. H-4 dependents are not automatically employment authorized on the basis of their nonimmigrant status. Only H-4 dependents who affirmatively apply for and receive employment authorization from USCIS are authorized to work, and only certain H-4s are eligible for employment authorization. H-4 spouses may file  Form I-765, Application for Employment Authorization , if the H-1B worker is the beneficiary of an approved  Form I-140, Immigrant Petition for Alien Workers , or has been granted H-1B status beyond 6 years based on 365 days having passed since a labor certification was filed with the Department of Labor or an immigrant visa petition was filed with USCIS on the H-1B worker’s behalf. See Employment Authorization for Certain H-4 Dependent Spouses .

Q. Are my H-4 dependent family members also subject to the 6-year maximum period of stay?

A. Dependent family members’ time in H-4 status is generally limited to the duration of the H-1B worker’s status. If an individual obtains H-1B extensions beyond 6 years, then their H-4 dependent family members are also eligible for extension of H-4 status for that same duration. Time spent in H-4 status does not count towards the 6-year maximum for H-1B status, so an individual who has spent 6 years in H-4 status my still obtain their own H-1B status for a period of 6 years.

Q. I am seeking lawful permanent resident status with my dependent family members, including my H-4 child. What happens when my H-4 child turns 21? Are they still eligible for LPR status?

A. Once your child turns 21 or gets married, they no longer meet the definition of a child under the Immigration and Nationality Act (INA) and therefore will no longer be eligible for H-4 status.  At this point, to maintain nonimmigrant status your child would need to change to another nonimmigrant status – for example, F-1 or H-1B – for which they independently qualify.

Additionally, they may still be eligible to adjust status or apply for an immigrant visa under the Child Status Protection Act (CSPA), which protects certain beneficiaries from losing eligibility for adjustment of status and immigrant visas due to aging during the immigration process. If your child benefits from the CSPA, they will still lose their H-4 status after turning 21, but they will remain eligible to adjust status as a derivative beneficiary of your own adjustment of status application and immigrant worker petition despite being age 21 or over, assuming otherwise eligible. See the  USCIS Policy Manual for detailed information about CSPA, as well as  Employment-Based Adjustment of Status FAQs (Family Members).

Q. What actions has USCIS taken to support H-1B nonimmigrants seeking to adjust or change status in the United States?

Congress sets the  annual immigrant visa limits . Historically, demand for these visas, regardless of country of origin, is much higher than the annual limits can accommodate.

USCIS has taken several actions to help those who will be waiting a long time for an “immediately available” immigrant visa number, including a 2015 rule that allows certain  spouses of H-1B nonimmigrants  to apply for employment authorization, and a 2016 rule that has  improved job flexibility for H-1B workers and their families.

More recent improvements since 2021 include the following:

Operational improvements

• Issuing an unprecedented number of  employment-based green cards  in fiscal years 2022 and 2023.
• Increasing the maximum validity period of Employment Authorization Documents (EADs) to 5 years for adjustment of status applicants and bringing back “combo cards” that provide evidence of both employment authorization and advance parole.
• Expanding  premium processing to all filers of Form I-140, Immigrant Petition for Noncitizen Workers, as well as certain filers of Form I-765, Application for Employment Authorization, and Form I-539, Application to Extend/Change Nonimmigrant Status.
• Updating policy guidance on  expedite requests , including when USCIS may expedite adjudication of an Application for Travel Document (Form I-131) when an applicant demonstrates a pressing or critical need to leave the United States, whether the need to travel relates to a planned or unplanned event. In addition, the guidance clarifies  expedite requests supported by a government agency .
• Removing the biometrics fee and appointment requirement for  applicants for a change or extension of nonimmigrant status (Form I-539). When legally permitted or when resources and operational efficiency allow, USCIS may “bundle” the adjudication of derivative applications that are filed together with the associated principal petition. For example, USCIS is currently “bundling” forms I-129 and I-539 for certain classifications, which provides near-contemporaneous adjudication of the derivative form I-539 with the principal Form I-129.
• Announcing process enhancements for  deferred action requests by workers , including H-1B workers, to support labor and employment agency investigations.
• Making progress on  reducing processing times (PDF) .

Policy improvements

• Strengthening the integrity of the H-1B program with a  final rule that created a new beneficiary-centric selection process for the FY 2025 H-1B registration period. This new rule has resulted in dramatically fewer attempts to game the system, as evidenced by  H-1B registration data . In addition, under the new beneficiary-centric selection process, if a worker has multiple legitimate job offers and any of these registrations are selected, then the worker may choose which employer to work for.
• Updating   policy guidance for international students , including clarification that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay. In addition, the guidance specifies how F students seeking an extension of optional practical training (OPT) based on their degree in a STEM field may be employed by startup companies, as long as the employer adheres to the training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate to that provided to similarly situated U.S. workers, among other requirements.
• Updating the agency’s interpretation of the Child Status Protection Act to provide  additional protection for child beneficiaries of noncitizen workers from “aging out” of child status and allowing them to seek permanent residence along status with their parents, including clarification of the  “sought to acquire” requirement .
• Publishing  updated guidance on when a Form I-140 beneficiary may transfer, or “port,” to a new job, providing  clarity to those seeking to change employers during the lengthy process of becoming a lawful permanent resident.

Greater clarity

• Publishing resources for  nonimmigrant workers following termination of employment , to ensure that nonimmigrant workers who are laid off are aware of options that may permit them to remain in the country past the regular 60 day grace period.
• Issuing guidance on the eligibility criteria for  compelling circumstances Employment Authorization Documents (EADs). For example, a principal applicant with an approved immigrant visa petition in an oversubscribed visa category or chargeability area, who has lived in the United States for a significant amount of time, could submit evidence such as school or higher education enrollment records, mortgage records, or long-term lease records to support a potential finding of compelling circumstances. Compelling circumstances could include, if, due to job loss, the family may otherwise be forced to sell their home for a loss, pull their children out of school, and relocate to their home country.
• Individuals of extraordinary ability ( O-1 )
• Individuals of extraordinary ability and outstanding professors and researchers ( EB-1 )
• Individuals with advanced degrees or exceptional ability who can self-petition with a National Interest Waiver ( EB-2 NIW )
• Start-up founders growing their companies in the United States under the  International Entrepreneur Rule .

Meanwhile, the Department of State has launched an  Early Career STEM Research Initiative as part of the J-1 visa program, as well as a  domestic visa renewal pilot program.

We will keep working within our legal authority to provide as much flexibility, predictability, and dignity as possible for all those waiting for their chance to become a lawful permanent resident and ultimately a U.S. citizen.

• H-1B Specialty Occupations
• Employment-Based Adjustment of Status FAQs
• Employment Authorization for Certain H-4 Dependent Spouses .
• Employment Authorization in Compelling Circumstances
• Options for Nonimmigrant Workers Following Termination of Employment
• Options for Noncitizen STEM Professionals to Work in the United States
• Options for Noncitizen Entrepreneurs to Work in the United States

Visa vs. passport: What’s the difference?

In a nutshell

A passport is a document issued by your home country that allows you to travel internationally . A visa is a different document that may be required to enter another country. 

• Visas are issued by the country you’re going to and declare your intention to stay there for a set amount of time for a certain reason.
• Visas can be issued for many purposes. Some countries require you to have a visa to visit as a tourist. Most require you to get a visa to work in that country.

What is a passport?

A passport is a government-issued identification document used to prove your identity and nationality. You can typically get a passport from your home country or wherever you’re a citizen. If you’re planning to travel internationally, a passport is often required.

A passport includes:

• Your date of birth.
• Your place of birth.
• Your passport number.

In the United States, you can typically use your passport just like you would any other government-issued ID, such as a driver’s license, state ID, tribal card or U.S. Military ID. 

In the U.S., most folks get a “regular” passport to travel as tourists with the intention of vacationing and eventually returning home. There are also special passports — diplomatic, service and official — for those who qualify. While regular passports are good for up to 10 years — five years for minors 16 years of age and younger — special passports are only valid for up to five years.

What is a visa?

A visa is an official document issued by a country to which you plan to travel. A visa determines how long you can stay in the country before you must leave again and may impose other restrictions about what you can do while in the country.

If you want to travel to the United States, you’ll generally need to get a U.S. visa. Different visas have different purposes. If you wish to study in the U.S., you’ll need to get an F-1 visa from the U.S. government. If you want to work in the U.S., there are 11 temporary work visa categories, detailed on the State Department website. There are also tourist visas, which some may get for trips, either business or personal travel. In the U.S., these are B-1 or B-2 visas.

Visas aren’t required by every country, so you’ll need to check what documents you need to enter a country that you’re planning to visit: whether for a vacation, study or work.

What’s the difference between a visa and a passport?

While your home country issues a passport, a foreign country issues you a visa. While you may need a passport to travel globally for vacations or trips, it comes from your home country. 

Visas come from the country you’re going to and declare your intention to stay there for a set amount of time for a certain reason. For instance, you may get a student visa to study in the U.S. for a few years, usually until you leave school.

How do you get a passport?

To get a passport as an adult in the United States, you’ll need to make sure you’re eligible and gather your documents.

If you’ve never applied for a U.S. passport as an adult or your last one was issued more than 15 years ago, you’re eligible to make a new application for a passport. You’ll need to complete a form with the U.S. Department of State and get everything ready to mail in or submit your documents in person. You can use the form filler on the Department of State website to help you out.

As part of the application process, you’ll need to:

• Show U.S. citizenship: You can do this with an official birth certificate, a certification of birth abroad, a certification of naturalization or a certificate of citizenship. You can also use a full-validity, undamaged U.S. passport that you’ve held for at least 10 years as an adult.
• Provide photo ID: Bring a physical copy of your ID and a photocopy of your photo ID. This can be your driver’s license, a valid or expired U.S. passport, a certificate of naturalization or citizenship, a government employee ID, a permanent resident card or another form of identification.
• Gather other documentation: If you have special circumstances, you might need to provide additional details. For instance, if you are selecting a new gender or you’re applying for a special issuance passport, there are certain forms you’ll need to include.
• Get a passport photo: Your passport photo should be a recent color photo, taken within the last six months. It should have a clear image of your face against a white or off-white background. No selfies are allowed, so make sure someone else takes it for you. Take off your glasses and make sure there are no shadows or lines in the photo. You can’t use apps, filters, AI or other software to edit or change your photo. 
• Pay for your passport: Standard U.S. passports cost $130 plus a $35 execution (acceptance) fee. If you mail in your application, you can pay by check or money order. If you apply in person, you can also pay by cash or credit card. If you are getting a passport card or want expedited processing and shipping, you will pay extra charges and fees.
• Submit your application: You can mail in your passport or find an office or agency near you. If you’re traveling within the next couple of weeks, make an appointment near you at a passport center rather than mail in your application. If you aren’t traveling right away, you can take your application to a passport acceptance office, like a library or a post office. Individual locations might require an appointment.

While you’ll get your supporting documentation back, don’t expect it until a few months after you submit your application. 

How do you get a visa?

Getting a visa depends on the country you want to visit, why you’re going and how long you plan to stay there. Before going through the process, look up your destination to see if you need a visa. 

Some places don’t require a visa for tourism travel when you’re in the country for only a few weeks. If you plan on staying for a few months, you may need to get a visa. Each country has its own visa requirements, so make sure you check well in advance of your trip.

The AP Buyline roundup 

Visas and passports are both used for international travel, but you’ll need them for different reasons. Passports are issued by the state that you are a citizen of, while visas are issued by a foreign government of a country you plan on visiting. Depending on your travel reasons, you may need both. Make sure you check with the country you’re visiting to make sure you meet the travel requirements.